Non-EU family member consider to be a public threat by national law

[Belamaris]

Hi,
due to a difficult situation in which I am now, i was reading this forum, also European law, court cases etc. and now I am so much confused with all the information. I hope here you can help me with some advice. I would be thankful.

I am EU national (country still not in Schengen) living and working in my home country and before one year I got married with Non-Eu national (one african country). He was in my country as seeker of international protection, but it was not approved. We were almost two years in relationship and decided to marry. Three months after his residence was approved under national law. The same day as we came to get residence card the officer noted that there was a siren in the system. We were going to police station so they can check everything and after one hour we were told there was ban from one Schengen country but everything was ok and residence card was issued. Since i knew about my husband past i was sure there is probably ban from Switzerland where he was before and probably everything is in SIS. We wrote immediately to Switzerland immigration to give us info about record in SIS and requested removal from the SIS so he can have free movement. They approved it, so my husband can now move freely through Schengen except Switzerland in which he has ban till 2020. My husband immediately applied for Schengen visa and it was approved.

My husband history:
-came to Switzerland in 2003. as asylum seeker, in few years he was sentenced to two months and four months imprisonment for offenses under the federal narcotics law and expelled from country 3 years, but he stayed
-he got two daughters (twins) but did not get married
-after that he got married with another girl but girl wanted to divorce soon after coz of personal reasons and accused him for violation and even rape in 2008. He got 3 years suspended prison sentence but after two years was deported to home country.
- after two years he decided to come to Europe because of his children, he came to my country as asylum seeker but went to Switzerland, there they caught him as illegal stayer and deported to my country by Dublin procedure.

Now my country suddenly decided to stop his residence, because security agency has suspicion he is a public threat but with no given reason (in my country law that is possible), they want to expel him from country and ban him 10 years. He has to leave EU and my country in 7 days, but also have right to appeal. We have already contacted lawyer and going to meet in few days.

My questions:
- may criminal record from past be reason of not giving residence or stop residence?
- if we move to another EU country will criminal record and this ban influence on issuing EU family member residence card under European law?
- do you have any advice or solution so my husband and me can stay together in Europe and avoid to move to Africa?

Thank you all in advance for any given advice and info.

[Caravel88]

Previous history does effect Schengen applications.
You'd have to legally refute it.
Your lawyer should appeal.
And if something is not correct, take legal action to have it corrected.

Hi,
due to a difficult situation in which I am now, i was reading this forum, also European law, court cases etc. and now I am so much confused with all the information. I hope here you can help me with some advice. I would be thankful.

I am EU national (country still not in Schengen) living and working in my home country and before one year I got married with Non-Eu national (one african country). He was in my country as seeker of international protection, but it was not approved. We were almost two years in relationship and decided to marry. Three months after his residence was approved under national law. The same day as we came to get residence card the officer noted that there was a siren in the system. We were going to police station so they can check everything and after one hour we were told there was ban from one Schengen country but everything was ok and residence card was issued. Since i knew about my husband past i was sure there is probably ban from Switzerland where he was before and probably everything is in SIS. We wrote immediately to Switzerland immigration to give us info about record in SIS and requested removal from the SIS so he can have free movement. They approved it, so my husband can now move freely through Schengen except Switzerland in which he has ban till 2020. My husband immediately applied for Schengen visa and it was approved.

My husband history:
-came to Switzerland in 2003. as asylum seeker, in few years he was sentenced to two months and four months imprisonment for offenses under the federal narcotics law and expelled from country 3 years, but he stayed
-he got two daughters (twins) but did not get married
-after that he got married with another girl but girl wanted to divorce soon after coz of personal reasons and accused him for violation and even rape in 2008. He got 3 years suspended prison sentence but after two years was deported to home country.
- after two years he decided to come to Europe because of his children, he came to my country as asylum seeker but went to Switzerland, there they caught him as illegal stayer and deported to my country by Dublin procedure.

Now my country suddenly decided to stop his residence, because security agency has suspicion he is a public threat but with no given reason (in my country law that is possible), they want to expel him from country and ban him 10 years. He has to leave EU and my country in 7 days, but also have right to appeal. We have already contacted lawyer and going to meet in few days.

My questions:
- may criminal record from past be reason of not giving residence or stop residence?
- if we move to another EU country will criminal record and this ban influence on issuing EU family member residence card under European law?
- do you have any advice or solution so my husband and me can stay together in Europe and avoid to move to Africa?

Thank you all in advance for any given advice and info.

[Belamaris]

So it means because of previous criminal record my husband does not have any right and possibilities to reside in Europe because of me, and only option is that we go to Africa and try to appeal, go to court etc.?

[Caravel88]

There are certain records which means you can not get / extend your permission to stay.

Some will expire after so many years (1, 2, 5, 10 etc)
Some will be infinite depending on its nature.
Some you could try to refute / reverse.

1. Speak to your lawyer to learn the exact record, its type
2. Find out the consequences of this specific record in EU visa applications
3. Speak to a lawyer to see if an action can be taken against it OR when would the record expire (or ban lifted etc).

There are two ways your husband can get a permission to stay:
a) In your own country
b) in another EU country under Directive 2004/38

If a person is considered "threat to public security", the visa won't be issued.

So it means because of previous criminal record my husband does not have any right and possibilities to reside in Europe because of me, and only option is that we go to Africa and try to appeal, go to court etc.?

[broli]

If they are tagging your spouse as "threat to public security" it will tough for him to go anywhere in the west as he's trailing a past of criminal behind him.

They wont even tell you everything (he could be even suspect for more they wont disclose easily)


You need solid advice here


Good luck